civil asset forfeiture – InfoHive

Legal TREND. Asset Forfeiture + U.S. Supreme Court Win.

On Wednesday, the US Supreme Court applied the 8th Amendment’s ban on “excessive fines” to states and local agencies.

Bonjour! to all state bills on asset forefeiture limitations you’ve found your newest ally.

Governing | Supreme Court: Constitutional Ban on ‘Excessive Fines’ Applies to State and Local Governments

Property Rights TREND. TX Attorney General Opinion. Civil Asset Forfeiture Funds. 3 Facts. No Fluff. Be informed.

In KP-0200 (2018 | TX) the Texas Attorney General answered this question:

whether an attorney representing the State may use civil asset forfeiture funds accrued under article 59.06(c)(l) of the Texas Code of Criminal Procedure to insure real property forfeited to the State

Can civil asset forfeiture funds be used for insurance for the forfeited property? Probably yes

Why is this use of forfeiture funds permitted when it isn’t on the statutory list of uses?

TEX. CODE CRIM. PROC. art.…

Legal trend. Asset Forfeiture of Vehicles Unconstitutional.

A federal judge in Indiana has ruled that seizing cars with civil forfeiture is an unconstitutional violation of due process and the 5th and 14th amendments to the U.S. Constitution.

The court stressed the hardship of losing one’s car for months without a conviction.

Southern District of Indiana No. 1:16-cv-02980-JMS-DML

Institute for Justice via Forbes | Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

Private Property Rights TREND. 25 States Pass Asset Forfeiture Reform. Read the Bill.

Illinois bcame the 25th state to pass civil asset forefeiture reform.

5 highlights from the bill:

Agencies must report their forfeiture expenditures publicly & in a searchable format
Rulemaking will ensure noncompliant agencies have their funds withheld;
Require regular, independent audits for the State Asset Forfeiture Fund;
New notice requirements; and
Shift the burden of proof from the property owner onto the state

Illinois HB 303 (2017)

Institute for Justice | With Governor’s…

Legal Trend. Court Finds Unconstitutional Asset Forfeiture in the Hoosier State

A federal judge in Indiana ruled that asset forefeiture of vehicles without criminal charges violates the constitution because asset forefeiture laws:

failed to provide a timely hearing for the property owner to contest the seizure

Forbes | Contributor: Institute for Justice | Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

Private Property Rights. Mile High Governor Signs Most Comprehensive Asset Forfeiture Transparency law. Big Stick for Local Law Enforcement Included, Carrot not Included

Institute for Justice, private property legal advocates of Kelo fame, say Colorado’s HB 17-1313, is the nation’s most comprehensive asset forfetiture reform.

HB 17-1313 will:

Require biannual reporting of the type of property seized, place of the seizure (e.g. which direction on a highway), if any criminal charges were filed in relation to the seizure, if the forfeiture was contested, and the final disposition of the property;
Require agencies to report their forfeiture expenditures in…

Lege TREND. Civil Asset Forfeiture. 3 Points from Colorado's newly Enacted Legislation.

Policy Goal: “Government should never keep assets seized from innocent people,”

The bill: Colorado House Bill 1313

What Colorado’s House Bill 1313 does:

uniform, biennial, and detailed reporting on property seizures by law enforcement
reported information must be available to the public online in a searchable format
limits receipts of seized proeprty from joint investigations with federal agencies

The Governor directed law enforcement funding to offset revenue lost from stricter civil…